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HOSPITAL AND HEALTH BOARDS ACT 2011 - SECT 88
Protection from liability
88 Protection from liability
(1) A person who is or was a member of a committee, or relevant person for a
committee, is not civilly liable for an act done, or omission made, honestly
and without negligence under this division.
(2) Without limiting subsection
(1) , if the act or omission involves giving information— (a) in a
proceeding for defamation, the person has a defence of absolute privilege for
publishing the information; and
(b) if the person would otherwise be required
to maintain confidentiality about the information given under an Act, oath, or
rule of law or practice, the person— (i) does not contravene the Act , oath,
or rule of law or practice by giving the information; and
(ii) is not liable
to disciplinary action for giving the information.
(3) If a person who is or
was a member of a committee, or a relevant person for a committee, incurs
costs in defending proceedings relating to a liability against which the
person is protected under this section, the person must be indemnified by—
(a) if the chief executive established the committee—the State; or
(b) if a
Service established the committee—the Service; or
(c) if a professional
association, society, college or other entity established the committee—the
entity that established the committee; or
(d) if the licensee of a private
health facility established the committee—the licensee of the private health
facility.
(4) For subsection (3) , if the committee was established jointly
by the entities mentioned in subsection (3) (a) to (d) , the person must be
indemnified jointly by the entities responsible for indemnifying the person.
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